Meal and Break Rules in New York

Employers in New York must comply with these state rules relating to meals and break times.

New York does not have a general meal and rest period law. However, special meal period provisions apply to mercantile and factory employers.

Persons in New York employed in or in connection with a factory must be allowed at least one hour for a midday meal. Persons employed for a period or shift of more than six hours starting between 1:00 p.m. and 6:00 a.m. must be allowed at least one hour for a meal period at a time midway between the beginning and end of the employment.

The Commissioner may permit shorter meal periods. If permission is granted, the permit must be conspicuously posted in the main entrance of the establishment.

Persons employed in or in connection with a mercantile or other establishment or occupation coming under the provisions of the labor law must be allowed 30 minutes for a noon day meal. The noon day meal period extends from 11:00 a.m. until 2:00 p.m.

An employee who works a shift of more than six hours, which extends over the noon day meal period, is entitled to at least 30 minutes off within that period for a meal.

Anyone starting work before 11:00 a.m. and continuing later than 7:00 p.m. must be allowed an additional meal period of at least 20 minutes between 5:00 and 7:00 p.m.

Those working six or more hours on a shift between 1:00 p.m. and 6:00 a.m. must be provided a meal period of at least 45 minutes, midway between the beginning and end of the shift